1. WIPO Good Practice Toolkit for CMOs (The Toolkit)
Geneva
May 31, 2018
Kevin Fitzgerald
Anita Huss

2. Agenda The purpose The timetable Consultation statistics
Consultation responses
Proposed way forward
Questions on observations/amendments
Discussion on way forward

3. The purpose: from the introduction to the Toolkit
This document should not be perceived as being normative in any way.
The purpose of this WIPO Good Practice Toolkit for CMOs (The Toolkit) is to compile examples of legislation, regulation and codes of conduct in the area of collective management of copyright and related rights from around the world and to distil them into examples of good practice.
If they wish, Member States and other stakeholders may select tools from The Toolkit to choose an appropriate approach in view of their country’s particular circumstances, and decide on their own infrastructure for collective management.

4. The timetable: from the Circular Letters
Circular Letter of December 2017
2018, January: distribution of draft Toolkit
2018, March: consultation written questions
2018, Spring SCCR: side meeting
2018, Autumn SCCR: publication
Circular Letter of January 2018
Consultation meeting announced

5. Consultation statistics
In writing:
Member states
Letters of support 5
With amendments 11
Sub total
Observers
Other
TOTAL
Verbally: numerous
5 of the Member State written responses were letters of support

6. Consultation submissions and WIPO proposals (1/3)
Non normative process
We will state this more prominently
Dispute resolution
More legislative/regulatory examples will be sought
Government powers of supervision for CMOs and Section 12 is imbalanced towards self-regulation
More legislative/regulatory examples will be sought and the imbalance will be corrected
WIPO
WIPO
WIPO

7. Consultation submissions and WIPO proposals (2/3)
More information, especially on detailed lists of repertoire (works and rights) should be disclosed
We will add, but note limitation of some CMOs with website capacity
More information on policies regarding undistributed monies
We will seek
Explain context and/or summarise content of Toolkit
We will consider an executive summary and/or a WIPO Magazine article, and/or a website statement
WIPO
WIPO
WIPO

8. Consultation submissions and WIPO proposals (3/3)
Definitions and uses of Licensee and User
Considerable differences of opinion
Actual usage data
Not possible in all cases
‘policy bridge’ in paragraph 1.1 is not clear
We will change the wording
‘implications of termination’ (Good Practice Tool 9 (f))
We will add rights reversion option
Include limitations and exceptions
We will explain context more clearly
WIPO
WIPO
WIPO
WIPO
WIPO

9. Proposed way forward
End June 2018: WIPO to circulate revised draft (in English, French and Spanish)
End August 2018: Member States and Observers final written submissions and, if desired, call for a meeting at Autumn SCCR
End October 2018: Publication in 6 UN languages
Post publication
Good practice training for CMOs, based on Toolkit
2 yearly update of examples in codes or legislation

10. Questions on submissions and WIPO proposals
Discussion on way forward

11. Contact: kevin.fitzgerald@wipo.int anita.huss@wipo.int